Online Portal Terms and Conditions

Agreement

1. Mitsubishi Motors Financial Services is a trading name of Nissan Financial Services Australia Pty Ltd (“MMFS”) ABN 70 130 046 794 Australian Credit Licence Number 391464 of 1 Peters Avenue, Mulgrave, Victoria, 3170 provides you the customer (“You”) the ability to access the MMFS Online Portal and related services.  Access to the MMFS Online Portal services is subject to the Terms and Conditions set out below. 
2. You must only use this service if you are the account holder and over 18 and you have the legal capacity to contract in Australia.
3. If you do not agree to these Terms and Conditions you must cease your access to the MMFS Online Portal and use of the related services.
4. You will only have access to the financial accounts for which you are financially responsible. 

Your use of the MMFS Online Portal

1. Unless otherwise informed, you may use the MMFS Online Portal for the following service requests:
   1. view transactions, balances, contract or personal details;
   2. change your payment amount or frequency; make an ad-hoc, one-off payment on your account.
2. Unless expressly stated otherwise, the information, products and services accessible via the MMFS Online Portal are directed at and provided to persons in Australia only.
3. You should be careful about using services which offer to interface with the MMFS Online Portal or other means of electronic banking on your behalf.  For example, you may be led to believe that you are inputting your details into the MMFS Online Portal while in fact you are disclosing your details to a third party hosting a hoax website.
4. You acknowledge that MMFS does not make any representation or warranty regarding the completeness or accuracy of the information on or accessible via the MMFS Online Portal. 
5. Where there are joint customers and/or guarantors, you are interpreted as giving consent to any access of the MMFS Online Portal, related services and your finance contract details requested by another borrower and/or guarantor on the account using their own login details.
6. By accessing the MMFS Online Portal, you are making a representation that you have the consent of any other borrowers and/or guarantors on the account to access the MMFS Online Portal and the finance contract account details and carry out any service request. To this extent, you indemnify MMFS against any claims made against MMFS by any other borrower arising from your access or use of the MMFS Online Portal.  

MMFS' rights under the MMFS Online Portal

1. At any given time, MMFS may need to use the MMFS Online Portal as a way to securely communicate information to you, any joint borrowers or guarantors regarding your account.  By registering to use the MMFS Online Portal, you give permission to MMFS to use the MMFS Online Portal for this purpose.
2. When you make a transaction using electronic equipment you authorise MMFS to act on the instructions entered into that electronic equipment. The protection provided under these Terms and Conditions to MMFS extends to transactions made with electronic equipment that is not owned by MMFS.

Confidentiality

1. In order to access the MMFS Online Portal and related services, you require a login and password.  You are solely responsible for the confidentiality and use of your password, as well as for any communications entered into or payments made through the MMFS Online Portal using your password.
2. You agree that it is your responsibility to keep your login details confidential and not to disclose them to any other person.
3. You also agree that you will be held responsible for any access made to the MMFS Online Portal using your login details.
4. If you believe that your password may be known to another person, you must contact MMFS customer service immediately on 1300 13 12 11.
5. If MMFS reasonably believes your login and/or password is being used in a way that may cause losses to you or MMFS, MMFS may cancel or withhold its use at any time, without notice.

Privacy and website security

1. For information about our information collection practices, please see our Privacy Policy available on the MMFS website at. https://www.mitsubishi-motors.com.au/privacy-policy
2. MMFS’ Privacy Policy needs to be read in conjunction with the privacy disclosures you were given when you applied for finance with MMFS.
3. MMFS’ Privacy Policy includes information about:
   1. the ways MMFS may collect, use or exchange your information;
   2. how you may access and seek correction of the information;
   3. how to make a complaint about a breach of your privacy rights, and MMFS’ complaint handling procedures.
4. MMFS will use reasonable endeavours to ensure that the MMFS Online Portal is secure.  However, it is possible for any electronic data transfer to be intercepted by others. By using the MMFS Online Portal and related service, you understand that your information may be read or intercepted by others.
5. MMFS does not accept liability for the interception or hacking of data by unauthorised third parties.

Credit information

1. When you enter into a finance contract with MMFS, MMFS will have collected personal and credit related information about you including but not limited to your name, address, date of birth and government identifiers (for example your driver’s licence number, passport number, Medicare card number, etc.).  You consent to NFSA providing such government identifiers to identity verification vendors including credit reporting bodies to authenticate your identity. 
2. When you applied for finance with MMFS, You consented to MMFS conducting a credit assessment of you and to using any information in a report obtained from a Credit Reporting Body (CRB) to establish your creditworthiness. You consented to this information being given before, during or after the provision of credit to you.
3. In providing your consent, MMFS may continue to deal with one of three CRBs, Equifax Pty Ltd, Experian Australia Credit Services Pty Ltd and Illion Australia Pty Ltd.  MMFS may therefore continue to disclose your personal information to a CRB for the following purposes:
   1. to obtain a consumer credit report about you if you have applied for consumer or commercial credit, or to assess whether to accept you as guarantor; and/or
   2. to allow the credit reporting agency to create or maintain a credit information file containing information about you.
   3. The type of information we may obtain from and disclose to a CRB includes:
   4. your identity particulars;
   5. the fact you have applied for personal or commercial credit and the type and amount of credit required and the maximum amount of credit available;
   6. the fact that we are a current credit provider to you;
   7. any loan repayments overdue for more than 60 days that we have taken steps to recover;
   8. repayment history information such as whether you have met your monthly payment obligations, the date on which repayments are due and, in the event payment is made after that date, the date on which payment was made;
   9. information that payments are no longer overdue;
   10. the terms and conditions of your credit;
   11. information that, in our opinion, you have committed a serious credit infringement;
   12. information that a cheque from you for more than $150 has been dishonoured more than twice; and
   13. when your credit account is opened and closed.

Direct debit arrangements

1. These terms of use set out the terms on which MMFS may accept and act under a direct debit request (“your Direct Debit Request”).  It is additional to the arrangement under which you make payments to us.
2. Where you make a request through the MMFS Online Portal to permit MMFS to debit a nominated account, MMFS will require you to complete a Direct Debit Request authority.

Information about MMFS products or Mitsubishi vehicles

1. From time to time, MMFS (or Mitsubishi Motors Australia Limited) may send you special offers and information (by direct mail, telemarketing, email, SMS and MMS messages) about MMFS (or its related entities) products and services which might be of interest to you.
2. You agree to receive these offers.
3. You can contact MMFS at any time to unsubscribe from receiving this information.

Complaints

1. MMFS accepts that sometimes it can get things wrong, and when this happens MMFS is determined to work to make them right again.
2. Talk to us: Most problems can be resolved quickly and simply by talking with us. If you have a complaint or believe that we have failed to keep one of our commitments made to you within these terms and conditions, please contact our Customer Experience Team on 1300 613 182.
3. When you make a complaint to MMFS, MMFS will:
   1. acknowledge your complaint and make sure we understand the issues;
   2. do everything we can to fix the problem;
   3. keep you informed of our progress;
   4. keep a record of your complaint;
   5. give you our name, a reference number and contact details so that you can follow up if you want to; and
   6. provide a final response within 30 days, or 21 days if the complaint relates to financial hardship, a default notice or a postponement, or advise you of the need for more time to complete the investigation.
4. We will investigate and advise if we agree with your complaint. If we disagree we will provide reasons. If we do agree, we will further advise what (if any) action we consider appropriate to take in response.
5. If your finance product is regulated under the National Consumer Credit Protection Act 2009 (incorporating the National Credit Code) and you believe your complaint or dispute has not been resolved to your satisfaction, you may want to refer the matter to our external dispute resolution service. This is a free service which provides you with an independent mechanism to resolve any specific complaints or disputes you have with us which we cannot resolve together. MMFS is a member of:

Australian Financial Complaints Authority (AFCA):
Phone: 1800 931 678
Email: info@afca.org.au
Online: afca.org.au
Mail: GPO Box 3, Melbourne, VIC 3001 (Australia)

Time limits may apply to complain to AFCA and so you should act promptly or otherwise consult the AFCA website to find out if or when the time limit relevant to your circumstances expires.

You can view our Complaints Management Policy here.

Termination or suspension of your account

1. MMFS reserve the right to terminate or suspend your use of the MMFS Online Portal where:
   1. you have paid out your finance contract obligations with MMFS;
   2. you fail to comply with these Terms and Conditions;
   3. we suspect or have evidence that your access to the MMFS Online Portal is being used to compromise the security of any of MMFS or its service provider’s IT systems;
   4. you have instructed MMFS to cancel your access.
2. MMFS will notify you when you next log on to the MMFS Online Portal  if MMFS has suspended or terminated your MMFS Online Portal access.  Suspension and/or termination of your access will not affect your obligations for any finance contract obligation you have in place with MMFS.    
3. MMFS may terminate your access to the MMFS Online Portal at any time by notifying you in writing at the most recent email address shown on your account.
4. You may terminate your access to the MMFS Online Portal at any time in writing to MMFS, by calling us on 1300 13 12 11 between 8.30am and 7.00pm (EST/EDST) Monday- Friday or by email at finance@mmfinserv.com.au. You may terminate your access to the MMFS Online Portal at any time.
5. These Terms and Conditions remain in force until MMFS or you terminate your access to the MMFS Online Portal. 
6. Access to the MMFS Online Portal is offered at the absolute discretion of MMFS and MMFS reserves the right to withdraw, cancel, vary or in any way change at any time without notice as long as such changes do not material effect You.

Limitation of liability

1. MMFS will use due care and skill in providing the MMFS Online Portal and related services.  There may also be other non-excludable statutory guarantees, implied conditions or warranties under consumer protection laws that cannot be excluded which may apply to MMFS’s supply of the MMFS Online Portal and related services.
2. Subject to your rights under law which cannot be excluded, MMFS does not warrant or represent that the MMFS Online Portal is complete, accurate, current or free from errors or omission, programming bugs or viruses or secure. 
3. The availability of the MMFS Online Portal and related services may be subject to numerous factors, including routine maintenance and factors outside MMFS’ control (such as malfunction in equipment or software, internet access difficulties or delay or failure of transmission).
4. Accordingly, MMFS does not warrant or represent that the availability of the MMFS Online Portal and related service will be continuous or uninterrupted, that any defects will be corrected, or that the MMFS Online Portal and related services (or server that makes it available) are free of viruses.
5. MMFS accepts liability to you for breach of any statutory guarantee or other rights under consumer protection laws that cannot be excluded and for loss or damage that was caused by MMFS’ breach of contract or negligence under the principles applied by the courts.  However, except as expressly provided by law, we are not liable for:
   1. reliance by you on the information obtained by using the MMFS Online Portal;
   2. loss or damage that was not reasonably foreseeable;
   3. loss or damage that was not caused by MMFS’ breach of statutory guarantee or contract or by MMFS’ negligence;
   4. loss or damage that was caused by your breach of contract or your negligence;
   5. business losses (such as lost data, lost profits or business interruptions);
   6. loss or damage caused by events outside MMFS’ reasonable control (such as a malfunction in equipment or software, internet access difficulties or delay or failure of transmission); or
   7. indirect or consequential loss or damage

General provisions

1. Any information provided to you through the MMFS Online Portal and related services is solely for your personal needs. If there is any conflict between these terms and conditions and any loan contract or other financial arrangements between You and MMFS, then the original loan contract or other financial arrangement provisions prevail.
2. The material on the MMFS Online Portal is owned by MMFS and/or its service providers and is protected by copyright. You may only use such information and material in connection with the services being accessed via the MMFS Online Portal.
3. Your agreement to these Terms and Conditions and related services carried out through the MMFS Online Portal are subject to the laws of the State of Victoria.  You submit without condition to the non-exclusive courts exercising jurisdiction there.
4. MMFS reserves the right to terminate, suspend or alter the MMFS Online Portal, the related services provided and these Terms and Conditions at any time. Where MMFS terminates or suspends the MMFS Online Portal, the related services or seeks to alter it in a way that will have a material detrimental impact on you as determined in MMFS’ discretion, MMFS will endeavour to provide you with prior notice. You retain the right to terminate your use of the MMFS Online Portal at any time.
5. The MMFS Online Portal and related services are offered at the absolute discretion of MMFS and MMFS reserves the right to withdraw, cancel, vary or in any way change at any time without notice (subject to there being no material detriment to You) the terms and condition applicable and services offered on the MMFS Online Portal.
6. Notice of any changes and/or amendments to any terms and conditions may, if it chooses, be communicated by MMFS to you at the time you log onto the MMFS Online Portal.